or Connect
AppleInsider › Forums › General › General Discussion › Apple wins preliminary approval for $450M e-books settlement
New Posts  All Forums:Forum Nav:

Apple wins preliminary approval for $450M e-books settlement

post #1 of 29
Thread Starter 
In an apparent change of heart, U.S. District Court Judge Denise Cote on Friday granted preliminary approval for Apple's $450 million settlement going to a class of consumers over e-book price fixing in the iBookstore.

iBooks


According to an in-court report by Reuters, Judge Cote agreed to the terms and provisions of Apple's $450 million settlement, which is to be divvied up -- $400 million for consumers and $50 million for lawyers.

The decision comes one week after the same judge voiced concerns over the settlement's terms, saying certain provisions would greatly reduce damages paid out to affected consumers.

Apple is currently appealing Judge Cote's 2013 ruling that found the company guilty of colluding with five major book publishers to fix the price of e-books sold through the iBookstore. The ruling, presented as an antitrust case argued by the U.S. Department of Justice, brought down an injunction barring Apple from reaching similar sales arrangements with other content sellers.

With the settlement, Judge Cote expressed unease over a provision that would have Apple pay out only $70 million if the Court of Appeals for the Second Circuit overturns her original ruling and sends the case back down for reevaluation. Further, Apple will pay nothing if the appeal is ultimately successful.

The provisions were left whole in the preliminary approval, however, as the jurist said a class of states representing consumers and individual plaintiffs "strongly believe" such a scenario is unlikely.

"The proposed settlement agreement is within the range of those that may be approved as fair and reasonable, such that notice to the class is appropriate," Judge Cote said. "Preliminary approval is granted."

A hearing for final approval has been set for Nov. 21.
post #2 of 29
I guess this is good news.
Now put this frikn thing into past history. (sigh)
post #3 of 29
Originally Posted by BobSchlob View Post
Now put this frikn thing into past history. (sigh)


Not until Amazon answers for their crimes.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #4 of 29
I wonder if the DOJ whispered in Cote's ear to back off a bit. Amazon's overall actions before, during and especially after this farce of a trial is not going well for the DOJ.
post #5 of 29

Im surprised the lawyers cut isn't the $400 and consumers getting the $50 million portion. Must have been bad at their job if they didnt get the greater portion of the class action suit. 

post #6 of 29

There will be more extortion opportunities for the government in the future.

Proud AAPL stock owner.

 

GOA

Reply

Proud AAPL stock owner.

 

GOA

Reply
post #7 of 29
Quote:
Originally Posted by leavingthebigG View Post

I wonder if the DOJ whispered in Cote's ear to back off a bit. Amazon's overall actions before, during and especially after this farce of a trial is not going well for the DOJ.

I don't think the DOJ has ever been that smart. They just continue to take protection money from Amazon and others and we have no way to stop them. It doesn't matter who the President is because the DOJ has always done their own thing. Until Apple shells out the required few million dollars, Amazon will be allowed to do whatever it wants to do. I have yet to hear any gripes from state AGs about Amazon, only about Apple. Amazon must be greasing those wheels as well.

post #8 of 29

I love that Judge Cote's big issue is that there was a clause that says if it turns out you screwed up and we are not guilty after all, we don't have to pay this extortion money.  I wonder if it was one of her Judge friends/superiors that told her to back off instead of the DOJ.

post #9 of 29
Quote:
Originally Posted by AJMonline View Post

I love that Judge Cote's big issue is that there was a clause that says if it turns out you screwed up and we are not guilty after all, we don't have to pay this extortion money.  I wonder if it was one of her Judge friends/superiors that told her to back off instead of the DOJ.

I wouldn't be surprised. I can imagine there are a number of judges who consider her an embarrassment to the profession.
post #10 of 29
Here's a little interesting reading:

http://fortune.com/2013/08/14/the-curious-case-of-apple-ebook-judge-denise-cote/
"That’s brilliant. I can see this annoying some people, but what doesn’t these days?" - PMZ
Reply
"That’s brilliant. I can see this annoying some people, but what doesn’t these days?" - PMZ
Reply
post #11 of 29
Quote:
Originally Posted by GTR View Post

Here's a little interesting reading:

http://fortune.com/2013/08/14/the-curious-case-of-apple-ebook-judge-denise-cote/

 

Anyone with virtually unlimited and unchecked power can end up going cuckoo. She should be removed from the bench and that idiot judge in Chicago, Richard Posner should also be retired.

Proud AAPL stock owner.

 

GOA

Reply

Proud AAPL stock owner.

 

GOA

Reply
post #12 of 29
Quote:
Originally Posted by SpamSandwich View Post
 

Anyone with virtually unlimited and unchecked power can end up going cuckoo. She should be removed from the bench and that idiot judge in Chicago, Richard Posner should also be retired.

 

I agree with you.

 

But who are we to judge?

 

;)

"That’s brilliant. I can see this annoying some people, but what doesn’t these days?" - PMZ
Reply
"That’s brilliant. I can see this annoying some people, but what doesn’t these days?" - PMZ
Reply
post #13 of 29
Quote:
Originally Posted by GTR View Post

I agree with you.

But who are we to judge?

1wink.gif

Somebody's gotta judge the judges.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #14 of 29
"Change of heart?" Too bad it wasn't a change of brain, instead. I fear a brain transplant would fail, however, due to rejection of foreign tissue.
post #15 of 29
Quote:
Originally Posted by joshuarayer View Post
 

Im surprised the lawyers cut isn't the $400 and consumers getting the $50 million portion. Must have been bad at their job if they didnt get the greater portion of the class action suit. 

 

It's a class-action suit. If it was Apple vs. a single party, then it'd be a different story. If the lawyers were bad at their job, they would have lost. Besides, if the lawyers actually got that much greater a percentage of the money, it would've been obviously overly ludicrous. That would be kind of like getting your paycheck and having 85% in taxes taken out and saying Uncle Scam did a great job.

post #16 of 29
Quote:
Originally Posted by dasanman69 View Post

Somebody's gotta judge the judges.

And watch the watchmen.

Proud AAPL stock owner.

 

GOA

Reply

Proud AAPL stock owner.

 

GOA

Reply
post #17 of 29
Quote:
Originally Posted by SpamSandwich View Post

And watch the watchmen.

Exactly, whatever happened to the whole 'checks and balances' thingy. lol.gif
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #18 of 29
Quote:
Originally Posted by joshuarayer View Post

Im surprised the lawyers cut isn't the $400 and consumers getting the $50 million portion. Must have been bad at their job if they didnt get the greater portion of the class action suit. 

I'd rather have a share of $50MM split 100 ways than a share of $400MM split 800,000,000 ways.
post #19 of 29
Quote:
Originally Posted by joshuarayer View Post
 

Im surprised the lawyers cut isn't the $400 and consumers getting the $50 million portion. Must have been bad at their job if they didnt get the greater portion of the class action suit. 

No - the lawyers are working for the states who joined together to sue. States' lawyers don't fleece people like private class-action lawyers - they basically charge what it costs to litigate the cases (which still can be expensive).

post #20 of 29
Quote:
Originally Posted by bigmike View Post
 

 

It's a class-action suit. If it was Apple vs. a single party, then it'd be a different story. If the lawyers were bad at their job, they would have lost. Besides, if the lawyers actually got that much greater a percentage of the money, it would've been obviously overly ludicrous. That would be kind of like getting your paycheck and having 85% in taxes taken out and saying Uncle Scam did a great job.

No private lawyer would charge that little (11% of the settlement). They would probably take at least 40% of it ($180 million). But these aren't private lawyers - they work for the states' Attorneys General.

post #21 of 29

Apple has wised up here and they are doing the right thing in settling. They screwed up in the e-book market. Perhaps now they can focus on improving iBooks instead of trying to get ahead via leverage and contracts.

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply
post #22 of 29
Originally Posted by trumptman View Post
They screwed up in the e-book market.

 

How dare they try to break an illegal monopoly.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #23 of 29
Quote:
Originally Posted by Tallest Skil View Post
 
Originally Posted by trumptman View Post
They screwed up in the e-book market.

 

How dare they try to break an illegal monopoly.



As you love to chide others, when you have the proof, feel free to post it. Amazon has not been charged nor judged to be doing anything wrong.

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply
post #24 of 29
Originally Posted by trumptman View Post
Amazon has not been charged nor judged to be doing anything wrong.

 

You’ve read the threads; you know exactly what we’re talking about.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #25 of 29
Quote:
Originally Posted by Tallest Skil View Post
 
Originally Posted by trumptman View Post
Amazon has not been charged nor judged to be doing anything wrong.

 

You’ve read the threads; you know exactly what we’re talking about.

 

I know that people like yourself have made the claim without proof dozens of times but that doesn't count as proof. Allegations are not proof. The whole reasoning that Apple was taken to court because Amazon is evil and being ignored is unsound on its face. Repetition just makes it more so.

 

I know what you are talking about, yes but I also know there is no proof for what you are talking about as well.

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply
post #26 of 29
Originally Posted by trumptman View Post

The whole reasoning that Apple was taken to court because Amazon is evil

 

Yeah, that’s not what is being said, and since you’ve explicitly stated you know this, why not just not reply until you have something that isn’t a strawman?

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #27 of 29
Quote:
Originally Posted by Tallest Skil View Post
 
Originally Posted by trumptman View Post

The whole reasoning that Apple was taken to court because Amazon is evil

 

Yeah, that’s not what is being said, and since you’ve explicitly stated you know this, why not just not reply until you have something that isn’t a strawman?

 

Why not just post your proof rather than complaining about how I won't do it for you? You made the allegation. Please feel free to support it. If you feel you've supported it in other threads, feel free to link to your posts in those threads. Do something beside complain about how I won't support your allegation for you.

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply
post #28 of 29

I'll eat my hat if he does that.

censored

Reply

censored

Reply
post #29 of 29
Quote:
Originally Posted by Crowley View Post
 

I'll eat my hat if he does that.

 

Will you eat the drawer full of broken and battered Beats headphones? That would be much more impressive.:D

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Discussion
AppleInsider › Forums › General › General Discussion › Apple wins preliminary approval for $450M e-books settlement